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TMI Blog2015 (10) TMI 1919X X X X Extracts X X X X X X X X Extracts X X X X ..... It is very clear that the term BCD in the second proviso implies the basic custom duty applicable on the goods by a normal importer from abroad. This duty rate may be tariff rate or an effective rate as per unconditional exemption Notification. - credit taken by the appellant is correct - Decided in favour of assessee. - Appeal No. E/1012/2010 - Final Order No. A/3356/2015-WZB/SMB - Dated:- 7-10-2015 - Hon ble Shri P.K. Jain, Member (Technical) For the Appellant : None For the Respondent : Shri N.N. Prabhudesai, Superintendent (AR) ORDER Brief facts of the case are that the appellant purchased certain inputs from 100% EOU. After receiving the goods they have availed credit of CV duty paid by the 100% EOU. The issue is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Duty 2 Any Chapter All goods In excess of the amount equal to the aggregate of duties of Customs leviable on like goods, as if,- (a) duty of customs specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), read with any other notification in force was reduced by 75%, and (b) no additional duty of customs was leviable under sub-section (5) of the section 3 of the said Customs Tariff Act: Provided that while calculating the aggregate of customs duties, additional duty of customs leviable under sub-section (5) of the section 3 of the Customs Tariff Act shall be included if the goods cleared into Domestic Tariff Area are exempt f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the CENVAT Credit Rules but the intention is to permit the CENVAT only on the countervailing duty portion. Notification 23/2006 does not reduce the rate of basic customs duty but the quantum is reduced by 75%. In the proviso, taking into account this aspect, the words used are BCD/400. It is very clear that the term BCD in the second proviso implies the basic custom duty applicable on the goods by a normal importer from abroad. This duty rate may be tariff rate or an effective rate as per unconditional exemption Notification. 8. In view of the above analysis we find that the credit taken by the appellant is correct. The appeal is therefore, allowed with consequential relief if any. ( Pronounced in Court ) - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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